“There is no ocular evidence to show that Muhammad Abbas was murdered by any with the present petitioners. Mere fact that Noor Muhammad and Muhammad Din observed firstly the deceased and after a long way they noticed the petitioners going towards the same direction, did not suggest that the petitioners were chasing the deceased or were accompanying him. These types of evidence cannot be treated as evidence of very last seen.
one zero one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it can be convenient for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's got achieved into a stage of final arguments, endeavors should be made for merit disposal when it's arrived at these stage. Read more
four. It's been noticed by this Court that there can be a delay of someday from the registration of FIR which has not been explained with the complainant. Moreover, there is not any eye-witness on the alleged incidence as well as the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has become tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram transpired being the real brothers from the deceased but they didn't respond in the least to your confessional statements on the petitioners and calmly observed them leaving, 1 after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation regarding why her arrest was not effected after making of the alleged extra judicial confession. It has been held on so many instances that extra judicial confession of an accused is really a weak type of evidence which could possibly be manoeuvred through the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is likewise relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding presence of some light on the place, where they allegedly observed the petitioners alongside one another on a motorcycle at 4.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Offered the legal analysis on the topic issue, we have been in the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle will not be legally sound, In addition to promotion and seniority, not absolute rights, These are subject matter to rules and regulations If your recruitment rules of the topic post allow the case on the petitioners for promotion could be considered, however, we've been clear in our point of view that contractual service cannot be regarded as for seniority and promotion since here the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, issue to availability of vacancy issue into the approval on the competent authority.
The explained recovery might be used, at the most, for corroboration with the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The said memo of pointation is irrelevant and inadmissible as nothing at all was discovered due to such pointation. The place of occurrence plus the place of throwing the dead body were already while in the knowledge of witnesses previous to their pointation by the petitioners. Reliance can also be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held by the august Supreme Court of Pakistan as under:
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
The ruling of the first court created case legislation that must be followed by other courts right until or Until either new law is created, or a higher court rules differently.
The Court deemed the case to get maintainable under Article 184 (3) Considering that the danger and encroachment alleged were including to violate the constitutional right to life when interpreted expansively.
P.C. Liability of petitioners for the mentioned offences would be determined with the discovered trial Court after sifting the evidentiary well worth of the material produced before the same. Till then, case of
When several websites offer free case regulation, not all are equally reliable. It’s critical to evaluate the credibility with the source before depending on the information.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and steadiness. It demonstrates the commitment in the state to protect its citizens and copyright the rule of law.
She did note that the boy still needed comprehensive therapy in order to manage with his abusive past, and “to reach the point of being Safe and sound with other children.” The boy was getting counseling with a DCFS therapist. Again, the court approved from the actions.
A coalition of residents sent a letter of petition into the Supreme Court to challenge the Water and Power Advancement Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court listened to the matter for a human rights case, as Article 184 (3) of the Pakistan Constitution offers initial jurisdiction on the Supreme Court to take up and determine any matter concerning the enforcement of fundamental rights of public importance.
The Roes accompanied the boy to his therapy sessions. When they were explained to with the boy’s past, they questioned if their children were Risk-free with him in their home. The therapist assured them that that they had almost nothing to worry about.